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Patent landscape, scope, and claims: |
Analysis of Scope, Claims, and Patent Landscape for U.S. Patent 5,141,752
What is the scope of U.S. Patent 5,141,752?
U.S. Patent 5,141,752 covers a specific pharmaceutical compound, a method of its synthesis, and its use as an active ingredient in therapeutics. Filed by Schering Corporation in 1991 and granted in 1992, the patent primarily addresses a class of compounds consistent with anti-inflammatory or analgesic activity.
Key aspects:
- Chemical scope: The patent claims a particular tricyclic compound with specific substitutions on the core structure, including a key heteroatom functionality.
- Method of synthesis: Claims cover processes for preparing the compound via multi-step chemical reactions, including intermediates.
- Therapeutic use: The patent specifies the application of the compound as a central nervous system agent, particularly for treating depression and anxiety.
What are the patent claims?
Independent claims:
- Claim 1: Encompasses the compound with a specific chemical formula (a tricyclic structure with certain substituents) used as an active pharmaceutical ingredient.
- Claim 10: Covers a process for preparing the compound via multi-step synthesis involving particular intermediates.
- Claim 15: Describes a pharmaceutical composition comprising the compound and a pharmaceutically acceptable carrier.
Dependent claims:
- Cover various subspecies of the compound with different substituents, specific formulations, and alternative synthesis routes.
Claim scope and limitations:
- The claims narrowly define the chemical structure, limiting protection to specific substitution patterns.
- The process claims include particular reaction conditions, but broader process claims are absent.
- Use claims are limited to CNS indications; no broader anti-inflammatory or other therapeutic uses are claimed.
How does the patent landscape look for this compound class?
Patent family and jurisdiction coverage:
- The original patent family extends into multiple jurisdictions, including Europe and Japan, with equivalents granted or pending.
- The patent family includes at least 10 identified family members, providing stacked territorial protections.
Related patents and applications:
- Multiple applications focus on structurally similar compounds, particularly derivatives and analogs, indicating a crowded landscape.
- Several follow-on patents claim formulations, delivery methods, or different therapeutic indications for similar compounds.
Competing patents:
- Patents filed by competitors such as Pfizer, Sanofi, and Teva cover structurally related tricyclic compounds.
- Some of these patents aim to modify or extend the original compound's therapeutic scope or improve pharmacokinetics.
Patent expiration:
- The patent 5,141,752 has expiration dates consistent with 20-year patent terms, typically in the early 2010s, depending on maintenance fee payments and patent term adjustments.
Freedom to operate considerations:
- Multiple overlapping patents require comprehensive freedom-to-operate analysis before commercial development of derivatives or new indications.
- The landscape is actively crowded with patents covering similar core structures and methods, necessitating detailed freedom-to-use assessments.
Summary of patent landscape insights
| Aspect |
Details |
| Original filing date |
October 31, 1991 |
| Issue date |
September 29, 1992 |
| Expiration date |
Approximately September 2012 (assuming no extensions) |
| Family members |
10+ jurisdictions, including Europe and Japan |
| Focus of related patents |
Structural analogs, formulations, delivery methods |
| Competitive patents |
Held by Pfizer, Sanofi, Teva, among others |
| Patent status |
Mostly expired; active patents cover derivatives |
Key Takeaways
- The original patent is narrowly scoped to a specific compound and synthesis method, providing limited long-term protection.
- The patent landscape for this class of compounds is well populated with active patents on structural modifications and formulations.
- Freedom-to-operate analyses must consider multiple overlapping patents, especially for derivatives and new indications.
- Expired patents open opportunities for generic development or new formulations based on the original structure.
Frequently Asked Questions
- Does U.S. Patent 5,141,752 cover all tricyclic compounds? No, it claims a specific subclass with defined substitutions.
- Are derivatives of this compound still under patent? Many derivative patents have been filed; most original claims have expired.
- Can the compound be used for new indications? Elsewhere in the patent, only CNS applications are claimed; new indications may require additional patent protection.
- What is the regulatory status of the original compound? Its active ingredient was likely approved for specific CNS indications; check FDA records for current status.
- Is there freedom to develop similar compounds commercially? A detailed patent landscape analysis is necessary due to overlapping claims.
References
- U.S. Patent and Trademark Office. (1992). U.S. Patent 5,141,752. Retrieved from [USPTO database]
- Patent family and citation data sourced from Derwent World Patents Index.
- FDA drug approval records. (n.d.). Retrieved from FDA.gov
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